The sun. [volume] (New York [N.Y.]) 1833-1916, 1887-10-28
THE ANARCHISTS APPEAL.
ARGUMENT BEGUN ON THE NOTION
FOR A WRIT or ERROR.

The Hsr. u. Rsndoiph Tucker Makes q
Strong Plea In Behalf OF the Melton
Attorney General HINT as strongly Op.
poses It-8en. Butier 60 Speak To-day.
WASHINGTON, Oct. 27.-The argument be-
foro tho United States Supreme Court to-day.
upon the petition for writ Of error In the Chi
cago Anarchist case. attracted q large crowd
to the Capitol. More than an hour before the
court assembled the court room was densely
packed with people, who not only occupied all
tho seats provided for spectators. but en-
croached upon tho precincts OF the bar and
stood In closely packed throngs in the open
spaces on each side OF the door. Even out In
the corridor there was crowd endeavorinG to
at least get glimpse OF the interior OF the
court room through the entrance.
When the court was called to order at IL
o'clock. and the candidates for admission to
the bar had been sworn, the Chief Justice an
nounced that the court would proceed with the
unfinished business OF yesterday. This I'M
finished business was case from Louisiana,
which. however important to the litigants, had
very little popular interest.
The argument In the Louisiana case was
concluded by Mr.. Beckwith soon after P. NJ.
and Chief Justice Waite said: I'VE are ready
now to hear the motion for writ Of error in
the case Of Spies and Others"
Gen. b. +. Butler roso and asked the Court
how much time would be allowed for the srgu-
ment. His associate. Mr.. Tucker, represented,
he said, q majority OF the petitioners. He
himself represented two Of them-Spies and
Fielden-whose cases differed in some respects
from the cases Of the others. He would not
speak merely for the sake OF speaking-he was
not In the habit Of 80 doing-but he would not
like to be hurried
Tho Chief Justice asked how much time he
desired.
Gen. Butler said he would like an hour and
' Very Well" said the Chief Justice we will
Attorney deneraI Hunt Of Illinois said that
as he and his associates did not yet know what
say how much time they would require He
hoped, however, that the Court would allow an
IT S Ss %a he Slate sS eS hi nas
DO allowed three hours and that Mr. Grinneli
Mr.. !. Randolph Tucker then opened the ar:
gument in support Of the petition for writ Of
he sS inf s he aa a
lions boon raised In this case? and. second.
RSss ; s sss d s t RSe ss SsiR
b hs e be for the
Constitution Of the United States; and. second,
under the Constitution is denied. Nj. fucker
argued that, this statute should be CON
e ppsa since h' r Pas' e1a H1ng
tns ae nsn 20 th G ca hs trainers PsTs to
i.Isans presen case in which the QUESTION ION
Of conflict between the rulings OF a court in
The q q the State and
is not necessary that such litlgant should es-
tablish actual reppanapce to the Constitution.
that The Constitution q the United States
fisions of any Commonwealth in the Union. 1t
Is Of %o s as dsns snes n6S
tho horns Of this altar OF justice cannot be re-
Preceding then to the merits of the case
Mr.. Tucker said that it was not necessary that
alaw Of State should be absolutely and on
court jurisdiction Of case under it II law
seemingly fair and inst on it's face. should have
CONTRARY to the Constitution that was enough h
to give this court jurisdiction; II any depart
Of tbs Fourtesnth Amendment L Is the the State
which violates 1t. He discussed the meaning OF
S a%H a
due process q law and might be perfectly
pensea With seemed he ' said i to be O eve eis
quoting copously from authorities and ad-
Tucker said:.
s 1 e u4y y srs
irisl tha! shall not b before packed in5yethat
and that IL should not be a class Jury. '
MI TICKER S then ma asserted that the jury law
opinion from REPORTS or from newspaper ac-
counts Of q certain transaction should not
@ on f tSa
transaction as Juror. Even although the law
ton and sdmnistration were msde V to deny
to the prisoners the right Of a trial BY a fair
ana impartiai Jury then such construction and
I unconstitutionsl. The construction gwen to
the law in this case was different from the con-
the staee large number OF other
.t ae s then referred to The objections made BY
court II the matter Of challenges. 10 the he i ro
fussl OF the Court on q motion for q new trial
@ had ysd Sst to he had that ss
for the panel would be certain to hang" and
70 ether 6E1dnSs and decis9ns the
the prisoners fair trial by an Impartial Jury.
Turning then to another question raised BY
to Re saae
gems OF the United States" Among the priv
ileges and immunities" thus guaranteed by
the Fourteenth Amendment were. he contend
cd those set forth In the first ten amendments
to the Federal Constitution such as the right
Of citizens to BIO secure in their persons,
houses. papers, and effects against nnrea-
eonable searches and seizures. Fourth
Amendment and the Immunity designated in
the clause OF the Fifth Amendment, which
pr1yides that no person shall be com
against himself 1t has been maintained, he
said. that these first ten amendments to the
Constitution were limitations OF Federal power
only OIL but in h ts opinion o. they had also ne
some OF the rights Of citizens Of the United
States were and those. rights, privileges and
firmed By the Fourteenth Amendment., It was
mites set forth In the first ten amendments
were specifically said in terms to be merely
leges and immunities which came within the
puryiew OF the Fourteenth Amendment and
Mr.. Justice Field-Then you would bring all
questions to this court. cannot conceive OF
any question which cannot be brought here II
the Fourteenth Amendment makes the "priyi-
IeReS and immunitieS" to which IL refera in